The 10-year-old back-and-forth copyright infringement dispute between the National Geographic Society (NGS) and photographer Jerry Greenberg has taken yet another turn. In September, the U.S. Court of Appeals said it will reconsider its June 2007 decision to vacate a jury award in favor of Greenberg.

Greenberg originally sued NGS in 1997, claiming that the publisher used his images on a CD-ROM compilation without his permission. Her contended that the CD-ROM was not a revision of past work but a new product. NGS countered that the CD was legitimate because it was a compilation of all...